Bill Text: CA AB909 | 2019-2020 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: statements of acknowledgment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-09-20 - Chaptered by Secretary of State - Chapter 313, Statutes of 2019. [AB909 Detail]
Download: California-2019-AB909-Chaptered.html
Assembly Bill
No. 909
CHAPTER 313
An act to amend Sections 84102 and 84103 of the Government Code, relating to the Political Reform Act of 1974.
[
Approved by
Governor
September 20, 2019.
Filed with
Secretary of State
September 20, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 909, Gallagher.
Political Reform Act of 1974: statements of acknowledgment.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements on campaign committees, as defined. The act requires every committee to have a treasurer.
The act requires certain committees to file a statement of organization that includes, among other information, the full name, street address, email address, and telephone number of the treasurer. An existing regulation adopted by the Fair Political Practices Commission permits committees to designate one assistant treasurer on the statement of organization.
If there is a change in any of the information contained in a statement of organization, the committee must file an amendment within 10 days to reflect the change.
This bill would require
any person identified as a treasurer or assistant treasurer on the statement of organization to acknowledge that, by serving as a treasurer or assistant treasurer, the person must comply with duties imposed by the act and existing regulations adopted by the Commission, and that a violation of these duties could result in criminal, civil, or administrative penalties. The Secretary of State would be prohibited from accepting a statement of organization without a completed acknowledgment. The bill would impose these same requirements on committees and the Secretary of State when an amendment to a statement of
organization identifies a new treasurer or assistant treasurer.
A violation of the act is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each
house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 84102 of the Government Code is amended to read:84102.
The statement of organization required by Section 84101 shall include all of the following:(a) The name, street address, email address, and telephone number, if any, of the committee. In the case of a sponsored committee, the name of the committee shall include the name of its sponsor. If a committee has more than one sponsor, and the sponsors are members of an industry or other identifiable group, a term identifying that industry or group shall be included in the name of the committee.
(b) In the case of a sponsored committee, the name, street address, and telephone number of each sponsor.
(c) The full name, street address, email address, and telephone number of the treasurer and any other principal officers.
(1) A committee with more than one principal officer shall identify its principal officers as follows:
(A) A committee with three or fewer principal officers shall identify all principal officers.
(B) A committee with more than three principal officers shall identify no fewer than three principal officers.
(2) If no individual other than the treasurer is a principal officer, the treasurer shall be identified as both the treasurer and the principal officer.
(d) (1) An acknowledgment by any person identified as a treasurer or assistant treasurer on the statement of organization of the following:
(A) By serving as treasurer or assistant treasurer, the person must comply with all applicable duties stated in this title and the regulations of the Commission.
(B) A violation of these duties could result in criminal, civil, or administrative
penalties.
(2) A failure to complete the acknowledgment pursuant to paragraph (1) is not a violation of this title. However, the Secretary of State shall not accept a statement of organization unless the acknowledgment has been
completed.
(3) This subdivision shall not become operative until the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602.
(e) The full name and office sought by a candidate, and the title and ballot number, if any, of any measure, that the committee supports or opposes as its primary activity. A committee that does not support or oppose one or more candidates or ballot measures as its primary activity shall provide a brief description of its political activities, including whether it supports or opposes candidates or measures and whether such candidates or measures have common characteristics, such as a political party preference.
(f) A statement whether the committee is independent or controlled and, if it is controlled, the name of each candidate or state measure proponent by which it is controlled, or the name of any controlled committee with which it acts jointly. If a committee is controlled by a candidate for partisan or voter-nominated office, the controlled committee shall indicate the political party, if any, for which the candidate has disclosed a preference.
(g) For a committee that is a committee by virtue of subdivision (a) or (b) of Section 82013, the name and address of the financial institution in which the committee has established an account and the account number.
(h) Other information as shall be required by the rules or regulations of the Commission consistent with the purposes
and provisions of this chapter.
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The amendment shall include the changed information, the date of the change, and the committee’s name and identification number.
The committee shall file the original of the amendment online or electronically with
the Secretary of State and a copy with the local filing officer, if any, with whom the committee is required to file the original of its campaign reports, by email, fax, online
transmission, guaranteed overnight delivery, or personal delivery.
(c) (1) If an amendment to a statement of organization identifies a new treasurer or assistant treasurer that person shall complete the acknowledgment required by subdivision (d) of Section 84102.
(2) A failure to complete the acknowledgment pursuant to paragraph (1) is not a violation of this title. However, the Secretary of State shall not accept an amendment to a statement of organization that identifies a new treasurer or assistant treasurer
unless the acknowledgment has been completed.
(3) This subdivision shall not become operative until the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602.
